2024.09.19 IGA UNLAWFUL MED MARIJUANA C2024-252 TEMPE SIGNED.PDF

€2024-252

SUB-RECIPIENT AGREEMENT BETWEEN
Maricopa County
by and through
the Maricopa County Sheriff's Office and
the City of Tempe
for
Unlawful Medical Marijuana Trafficking

(Funded by the Arizona Department of Health Services)

This Intergovernmental agreement is made this __day of 20_ , between the
Maricopa County acting through the Maricopa County Sheriff's Office hereinafter "MCSO" and
the City of Tempe acting through its Police Department, hereinafter "Subrecipient", together the
"Parties," for the purpose of investigating or providing training on illegal medical marijuana
"dispensary" operations, marijuana grows and cannabis labs.

WHEREAS the MCSO contracts with the Arizona Department of Health Services (ADHS"),
through Interservice Agency Agreement ISA CTR040227, to provide services related to the Arizona
Medical Marijuana Act (AMMA), A.R:S. Title 36, and Chapter 28.1 and AMMA regulation of
unlawful marijuana trafficking taking place outside of registered nonprofit medical marijuana
dispensaries, including but not limited to operations/clubs conducting dispensary functions under a
variety of names/labels by persons representing themselves to cardholding patients and the public as
acting with the scope of AMMA (Arizona Medical Marijuana Act); as well as services related to the
regulation of unlawful marijuana trafficking taking place at registered nonprofit medical marijuana
dispensaries of cultivation sites, including activities at dispensaries or cultivation sites that fall
outside of and/or violate the AMMA and receive State funding for these activities, and (ISA
CTR040227) investigate or provide training on illegal "dispensary" operations, marijuana grows
and cannabis labs.

WHEREAS MCSO also participates with multiple law enforcement agencies in High Intensity
Drug Trafficking Area (HIDTA), a federally funded initiative, and in HIDTA' s Maricopa County
Drug Suppression Task Force (MCDST) where efforts coincide with enforcement of AMMA and is
specifically named in the MCSO's ISA with ADHS.

WHEREAS MCSO and its contracted Subrecipients are charged with the responsibility for the
regulation of activities within the local jurisdiction that fall outside of AMMA and under A.R.S.
Title 13, including but not limited to, unlawful marijuana trafficking taking place outside of
registered nonprofit medical marijuana dispensaries by persons that are representing themselves to
cardholding patients and the public as acting within the scope of AMMA; as well as services related
to the dispensaries or cultivation sites, including activities at dispensaries or cultivation sites that
fall outside of and/or violate the AMMA.

WHEREAS funding to Subrecipient partners for Unlawful Medical Marijuana Trafficking is limited
to investigating or providing training on illegal "dispensary" operations, marijuana grows and
cannabis labs, performance of specific activities, the Parties agree:

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Agreement

This Agreement reimburses subrecipient law enforcement officer overtime costs only
incurred investigating or providing training on illegal "dispensary" operations,
marijuana grows and cannabis labs pursuant to ISA CTR 040227.

This agreement shall be effective starting October 1, 2024 and ending January 30,
2029 or for the duration of the Interagency Service Agreement (ISA) between
MCSO and ADHS and is effective when signed by the Parties. The initial value of
funds to be reimbursed through this Agreement is not to exceed $95,000. This
amount will be reviewed periodically and updated via amendment to this
Agreement.

Either party may terminate this Agreement if in its judgment such action is necessary
due to:

a. Non-Availability of funds: Every payment obligation of the Parties under this
Agreement is conditioned upon the availability of funds appropriated or allocated
for the payment of such obligation. If funds are not allocated and available for
the continuance of this Agreement, this Agreement may be terminated by the
Parties at the end of the period for which funds are available. No liability shall
accrue to the Parties in the event this provision is exercised, and the Parties shall
not be obligated or liable for any future payments or for any damages as a result
of termination under this paragraph;

b. Either party's non-compliance with this Agreement.

c. Pursuant to A.R.S. § 38-511 the Parties may cancel any Agreement without
penalty or further obligation within three years after execution of the contract, if
any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the County is at any time while the Agreement
or any extension of the Agreement is in effect, an employee or agent of any other
party to the Agreement in any capacity or consultant to any other party of the
Agreement with respect to the subject matter of the Agreement. Additionally,
pursuant to A.R.S § 38-511 the Parties may recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing,
drafting or creating the contract on behalf of the Parties from any other party to
the contract arising as the result of the Agreement.

d. Any reason.

Any termination of this contract must be in writing and sent certified mail to the other
party giving a 30-day notice prior to termination.

Each party will pay its own costs incurred as a result of termination and

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ifapplicable, each party will return any of its tangible property left at or borrowed
with permission from the other party.

This Agreement shall be governed and interpreted by the laws of the State of
Arizona.

In the event of a dispute, the Parties agree to use arbitration to the extent required by
A.RS.§ 12-1518.

Any litigation arising from the agreement or the performance thereof will be decided
in the Federal or state courts of Maricopa County unless otherwise agreed to between
the Parties.

This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Board approval.

The provisions of this Agreement are severable. Any term or condition deemed
illegal or invalid shall not affect any other term or condition of the Agreement.

Either party's failure to insist on strict performance of any term or condition of the
Agreement shall not be deemed a waiver of that term or condition even. if the party
accepting or acquiescing in the nonconforming performance knows of the nature of
the performance and fails to object to it.

In accordance with A.R.S. § 41-4401, Subrecipient certifies compliance with all
Federal immigration laws and regulations relating to employees and warrants its
compliance with Section A.R.S. § 23-214, Subsection A.

Each party shall comply with all applicable laws, ordinances, Executive Orders,
rules, regulations, standards, and codes of the Federal, State, and Local government
regardless of specific reference herein. The Parties agree that there will be no
discrimination as to race, sex, religion, color, age, creed, or national origin in regard
to obligations, work, and services performed under the terms of any contract ensuing
from this engagement. The Parties will comply with the Executive Order No. 11246,
entitled "Equal Employment Opportunity" and as amended by Executive Order No.
11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60).
The Subrecipient shall comply with State Executive Order No. 2009-09 and all other
applicable Federal and State laws, rules and regulations, including the Americans
with Disabilities Act. All Parties shall take affirmative action to ensure that
applicants for employment and employees are not discriminated against due to race,
creed, color, religion, sex, national origin or disability.

The Parties understand that any services that are described in the specifications or
scope of work that directly serve the State of Arizona or its clients and involve

access to secure or sensitive data or personal client data shall be performed within
the defined clients and involve access to secure or sensitive data or personal client
data shall be performed within the defined territories of the United States. Unless
specifically stated otherwise in the specifications, this paragraph does not apply to

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indirect or overhead services, redundant back-up services or services that are
incidental to the performance of the contract. This provision applies to work
performed by subcontractors at all tiers.

Written Certification Pursuant to A.R.S. § 35-393.01. If VENDOR engages in for-
profit activity and has 10 or more employees, and if this Agreement has a value of
$ 100,000 or more, VENDOR certifies it is not currently engaged in, and agrees for
the duration of this Agreement to not engage in, a boycott of goods or services from
Israel. This celtification does not apply to a boycott prohibited by 50 U.S.C. § 4842
or a regulation issued pursuant to 50 U.S.C. § 4842.

Except as otherwise provided in law, in the performance of this Agreement, Parties
hereto will be acting in their individual governmental capacities and not as agents,
employees, or partners of the other party. The employees, agents, or subcontractors
of one party shall not be deemed or construed to be the employees, agents, or
subcontractors of the other party.

This Agreement is not intended to constitute, create, give rise to, or otherwise recognize
a joint venture agreement, partnership or other formal business association or
organization of any kind, and the right and obligations of the Parties shall be only those
expressly set forth in this Agreement.

Parties acknowledge that under this IGA no employee or participant of the
Subrecipient is to be considered a County employee, and that no rights of County
merit, County retirement, or County personnel rules shall accrue to such individual.
Subrecipient shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such individuals and shall save and
hold the County harmless with respect thereto.

To the extent permitted by law, each party will indemnify and save the other party
harmless, including any of the Parties' departments, agencies, officers, employees,
elected officials or agents, from and against all loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out of
the performance or non-performance by the indemnifying party of any of the
provisions of this Agreement. The Parties are responsible and liable for the acts and
omissions of their own officers, agents or employees in connection with the
performance of their official duties under this Agreement.

The Subrecipient's insurance shall be primary insurance as respects performance of
subject agreement. All policies shall waive rights of recovery (subrogation) against
Maricopa County, its agents, representatives, officers, directors, officials and
employees for any claims arising out of work or Services performed by the
subrecipient under this Agreement.

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If the subrecipient receives notice that any of the required policies of insurance are
materially reduced or cancelled, it will be the subrecipient's responsibility to provide
prompt notice of same to the County, unless such coverage is immediately replaced
with similar policies.

Required coverage.

Commercial general liability. The Licensee shall maintain "occurrence" form
Commercial General Liability insurance with a limit of not less than $2,000,000 for
each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate,
and a $4,000,000 General Aggregate Limit. The policy shall cover liability arising
from premises, operations, independent contractors, products-completed operations,
personal injury, advertising injury, bodily injury, property damage, and contractual
liability. For any Service that involves children or at-risk individuals, the commercial
general liability must include coverage for sexual abuse and molestation. If any Excess
insurance is utilized to fulfill the requirements of this paragraph, the Excess insurance
shall be "follow form" equal or broader in coverage and scope than underlying
insurance.

Automobile liability. If vehicles are used by the subrecipient to perform the Services,
the subrecipient shall maintain Business Automobile Liability insurance with a limit
of $2,000,000 each occurrence on the Licensee's owned, hired, and non-owned
vehicles assigned to or used in the performance of the Services. If vehicles are not
used by the subrecipient to perform the Services, this requirement for Automobile
Liability may be waived. If any Excess insurance is utilized to fulfill the requirements
of this paragraph, the Excess insurance shall be "follow form" equal or broader in
coverage scope than underlying insurance.

Workers' compensation insurance. If the Licensee has employees, the subrecipient
shall maintain Workers' Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of the Licensee's employees engaged in
the performance of Services under this Agreement and shall also maintain Employers'
Liability Insurance of not less than $ 100,000 for each accident, $ 100,000 disease for
each employee and $500,000 disease policy limit.

Parties acknowledge and accept driver liability for injuries and accidents for their
respective officers, officials, agents, employees, or volunteers when operating or
controlling any vehicle regardless of ownership at all times when conducting
services for this agreement. Liability will reside with the driver and not the
vehicle owner.

Work performed in this agreement will be coordinated by the MCSO Special
Investigations Division Lieutenant or Captain. Assignments could be planned or
incidental to other work and will occur on an as needed basis with no guarantee of
hours.

Payment request and payment.

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a. Subrecipient will submit its overtime reimbursement requests toMCSO
Grants Unit within 30 days of hours worked.

b. Requests will include Date, Name, Serial Number, date overtime was worked
and number of hours worked.

c. Official payroll records will be required to supp ort the request.

d. Additional reimbursement request instructions may be provided by the
MCSO ADHS contract coordinator.

e. Approval/Authorization of payment for overtime hours worked is required by
the MCSO ADHA contract coordinator on each request for reimbursement.

e. MCSO will issue payments quarterly.

f. Payment Contacts:

; MCSO:

City of Tempe: Maricopa County Sheriff s Office
City of Tempe PD Grants Administrator, Cindy Kenney
Paul DeRose 550 W. Jackson Street 4" Floor
paul_derose@tempe.gov Phoenix, AZ 85003

480-350-8478 c kenney@meso.maricopa.gov

602-876-3266

Subrecipient shall maintain current, complete and accurate records and accounts of
all obligations and expenditures of funds under this agreement in accordance with
generally accepted accounting principles facilitate on-site inspection and auditing of
such records and accounts.

Subrecipient shall retain all data and other records relating to the acquisition and
performance of this Agreement for a period of (5) five years after the completion of
the Agreement as required by A.RS. 35-214 and 35-215. All records shall be subject
to inspection and audit by MCSO, Maricopa County Internal Audit the State of
Arizona (State) at reasonable times.

Billings for all outstanding obligations must be received by MCSO within 30 days of
the date of termination of this agreement. MCSO will be responsible only for
authorized obligations incurred by Subrecipient during the term of this agreement.

This document is the complete and exclusive statement of understanding between the
Parties, and it supersedes all proposals, oral or written, and other documents or
communications between the Parties relative to the subject matter herein covered,
unless such documents or communications are specifically included by reference.

€2024-252

YW CT. Anderson Date

30) All notices other correspondence between the Parties regarding this Agreement shall be
mailed or delivered to the respective Parties at the following addresses:

City of Tempe:

Tempe Police Department
Special Investigations
Bureau

120 E Sth Street

Tempe, AZ 85281

MCSO:

Maricopa County Sheriff's Office
Deputy Chief, Investigations Bureau
550 W. Jackson Street,

Phoenix, AZ 85003
S_Molina@mcso.maricopa.gov

31) This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument.
Faxed, copied, electronic and scanned signatures are acceptable as original signatures.

IN WITNESS WHEREOPF, the Parties hereto have entered into this IGA as of the date of the last

signature set faith below.

City of Tempe, an Arizona Municipality:

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Corey D. Woods
Mayor

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ATTEST:

Te 0 bode VY2024

Kara A. DeArrastia Date
City Clerk

Tempe Police Department:

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a,25- 2024
Kenneth McCoy \ Date
Chief of Police
Approved form:

City Attorney

Maricopa County, a political subdivision
Of the State of Arizona

Jack Sellers Date
Chairman, Board of Supervisors

ATTEST:

Juanita Garza Date
Clerk of the Board

Maricopa County Sheriff's Office

Russ Skinner Date
Deputy Chief

Approved as to form:

Deputy County Attorney Date